Passenger Railway Services (Public Ownership) Act 2024

s.1

Prohibition on franchise extensions and new franchises

s.1(1)

The Railways Act 1993 is amended in accordance with subsections (2) and (3).

s.1(2)

For sections 25 to 26ZA substitute—

s.1(3)

In section 23 (passenger services to be subject to franchise agreements)—

s.1(3)(a)

in subsection (1), for “franchise agreements” substitute “sections 30 to 30C”;

s.1(3)(b)

in subsection (2ZA)(a), for “under the same franchise agreement as” substitute “together with”;

s.1(3)(c)

in subsection (2ZD)(a), for “under the same franchise agreement as” substitute “together with”;

s.1(3)(d)

in subsection (3)—

s.1(3)(d)(i)

in the definition of “franchise agreement”, after “another party” insert “which is not a public sector company (as defined in section 30C)”;

s.1(3)(d)(ii)

in the definition of “franchise term”, after “section 29(3)” insert “or 30A(2)(b)”;

s.1(3)(e)

for the heading substitute “Designation of passenger services”.

s.1(4)

A designation made under section 23 of the Railways Act 1993 before this section comes into force is treated as having been made under that section as amended by subsection (3) of this section.

s.2

Future provision of services

s.2(1)

The Railways Act 1993 is amended as follows.

s.2(2)

In section 30 (duty of relevant franchising authority in absence of franchise)—

s.2(2)(a)

in subsection (1)(b) omit from “but” to the end;

s.2(2)(b)

for subsection (2) substitute—

s.2(2)(c)

for the heading substitute “Public sector provision of services”.

s.2(3)

After that section insert—

s.3

Application of public sector equality duty

In Part 1 of Schedule 19 to the Equality Act 2010 (authorities subject to public sector equality duty), at the appropriate place under the heading “Transport”, insert—

s.4

Consequential provision

s.4(1)

The Schedule contains consequential amendments.

s.4(2)

The Secretary of State may by regulations make provision that is consequential on this Act.

s.4(3)

Regulations under this section may amend, repeal or revoke provision made by or under an Act passed—

s.4(3)(a)

before this Act, or

s.4(3)(b)

later in the same session of Parliament as this Act.

s.4(4)

The power to make regulations under this section includes power to make—

s.4(4)(a)

consequential, supplementary, incidental, transitional or saving provision;

s.4(4)(b)

different provision for different purposes.

s.4(5)

Regulations under this section are to be made by statutory instrument.

s.4(6)

A statutory instrument containing regulations under this section that amend or repeal provision made by an Act may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

s.4(7)

Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

s.5

Extent, commencement and short title

s.5(1)

This Act extends to England and Wales and Scotland.

s.5(2)

This Act comes into force on the day on which it is passed.

s.5(3)

This Act may be cited as the Passenger Railway Services (Public Ownership) Act 2024.

Sch.

Consequential amendments

schedule/schedule(37)

Sch. para.1

Railways Act 1993

The Railways Act 1993 is amended as follows.

Sch. para.2

In the heading before section 23 (passenger services to be subject to franchise agreements), for “Franchising” substitute “Provision”.

Sch. para.3

Sch. para.3(1)

Section 24 (exemption of passenger services from section 23(1)) is amended as follows.

Sch. para.3(2)

In subsection (2)—

Sch. para.3(2)(a)

in the opening words, for “A franchise” substitute “An”;

Sch. para.3(2)(b)

in the words after paragraph (b), for “a franchise” substitute “an”.

Sch. para.3(3)

In each of subsections (3A) and (3B), for “a franchise” substitute “an”.

Sch. para.3(4)

In subsection (4)—

Sch. para.3(4)(a)

in the opening words, for “a franchise” substitute “an”;

Sch. para.3(4)(b)

in each of paragraphs (a), (b) and (c) omit “franchise”.

Sch. para.3(5)

In subsection (5) omit “franchise”.

Sch. para.3(6)

In subsection (6)—

Sch. para.3(6)(a)

for “a franchise” substitute “an”;

Sch. para.3(6)(b)

omit “franchise” in the second place it occurs.

Sch. para.3(7)

In subsection (7)—

Sch. para.3(7)(a)

for the definition of “condition” substitute—

Sch. para.3(7)(b)

in the definition of “relevant person”, omit “franchise” in both places.

Sch. para.3(8)

In subsection (8)—

Sch. para.3(8)(a)

for “a franchise exemption” substitute “an exemption granted under this section”;

Sch. para.3(8)(b)

omit “franchise” in the second and third place it occurs.

Sch. para.3(9)

In subsection (9)—

Sch. para.3(9)(a)

for “a franchise” substitute “an”;

Sch. para.3(9)(b)

omit “franchise” in the second place it occurs.

Sch. para.3(10)

In subsection (10) omit “franchise”.

Sch. para.3(11)

In subsection (11), for “a franchise exemption” substitute “an exemption under this section”.

Sch. para.3(12)

In subsection (12), for “Franchise exemptions” substitute “An exemption under this section”.

Sch. para.3(13)

Omit subsection (13).

Sch. para.3(14)

An order made under section 24 of the Railways Act 1993 before this paragraph comes into force is to be treated as having been made under that section as amended by this paragraph.

Sch. para.4

Sch. para.4(1)

Section 24A (franchise exemptions granted by Secretary of State or Welsh Ministers: operator agreements) is amended as follows.

Sch. para.4(2)

In the heading, omit “Franchise”.

Sch. para.4(3)

In subsection (5), in the definition of “operator agreement”, for “a franchise exemption” substitute “an exemption under section 24”.

Sch. para.5

In section 29(1) (other terms and conditions of franchise agreements), for the opening words substitute “A franchise agreement may require—”.

Sch. para.6

In section 73(2)(a) (entries in register kept by Secretary of State), for “franchise exemption” substitute “exemption under section 24”.

Sch. para.7

In section 73A(3)(b) (entries in register kept by Scottish Ministers), for “franchise exemption” substitute “exemption under section 24”.

Sch. para.8

In section 73B(3)(b) (entries in register kept by Welsh Ministers), for “franchise exemption” substitute “exemption under section 24”.

Sch. para.9

In section 83(1) (interpretation of Part 1)—

Sch. para.9(a)

omit the definition of “franchise exemption”;

Sch. para.9(b)

in the definition of “public sector operator”, for “above” substitute “as it had effect before its repeal by section 1 of the Passenger Railway Services (Public Ownership) Act 2024”.